That's the thing though, anyone can win if they see a hole card.Paradox said:... Basically, if you can see a hole card the book will help you....
If you look into the legality of that, you are on very shaky ground. Could easily be construed as using a device. Much along the same line as using special lenses to magnify the cards. It hasn't been prosecuted yet, but you wouldn't have good odds if you got caught.Automatic Monkey said:Or I guess you can use the old wheelchair trick, but I'm not sure that I'm willing to cross that line. Ultimate justice, you know.
Not in the US, you cannot discriminate against any wheelchair user in any circumstance except where safety is an issue. The disability activists would demolish anyone who tried prosecuting a wheelchair user because he was able to see cards.RJT said:If you look into the legality of that, you are on very shaky ground. Could easily be construed as using a device. Much along the same line as using special lenses to magnify the cards. It hasn't been prosecuted yet, but you wouldn't have good odds if you got caught.
RJT.
How would anyone notice the difference. :grin:Automatic Monkey said:I look like a dead body slumped over the table when I try it.
Yeah, if your defense was: "A wheelchair isn't a device". But if your defense was: "I have (fill in the blank) problems, and I need to use a wheelchair" I'm sure you'd get off, easily. And probably win a civil judgment under ADA, even if it wasn't prescribed.Paradox said:A wheelchair is a device. If your physician prescribes the chair, its a medical necessity. If not, you may find yourself in a nearly indefensible situation. Just because you also want or think you need to use it is not excuse. I've spoken to an attorney, a specialist in gambling law, with whom I addressed this issue. Only a licensed physician can deem it medically necessary.
Lol, until the court ask for medical certification. Wheelchair is a major disability - not one a court is going to wash off with self-certification. Not many people think this would be an easy case to win. Rightly so as well - it is cheating and it should be illegal, in the same way that using a shiner is and any court judge would look at it that way - especially when they have pressure coming from the casino industry to do so.moo321 said:Yeah, if your defense was: "A wheelchair isn't a device". But if your defense was: "I have (fill in the blank) problems, and I need to use a wheelchair" I'm sure you'd get off, easily. And probably win a civil judgment under ADA, even if it wasn't prescribed.
Exactly. Not only that, even the fact that a wheelchair user of any kind was rousted in the casino leads into the "hostile environment" verbiage that turns up in lawsuits, and handicapped people who weren't even involved in the incident can (and will) sue claiming they felt threatened, embarrassed etc. There are people who make their livings with this kind of suit and you don't want to mess with them.moo321 said:Yeah, if your defense was: "A wheelchair isn't a device". But if your defense was: "I have (fill in the blank) problems, and I need to use a wheelchair" I'm sure you'd get off, easily. And probably win a civil judgment under ADA, even if it wasn't prescribed.
If they were discriminating on a regular bases against people who had legitimate reason to be using a wheelchair, then yes there would be massive outcry about this.Automatic Monkey said:Exactly. Not only that, even the fact that a wheelchair user of any kind was rousted in the casino leads into the "hostile environment" verbiage that turns up in lawsuits, and handicapped people who weren't even involved in the incident can (and will) sue claiming they felt threatened, embarrassed etc. There are people who make their livings with this kind of suit and you don't want to mess with them.
Regarding device law- casinos do provide wheelchairs for their patrons so the claim that a wheelchair provides an unfair advantage to a player would have to fall flat unless the casinos want to implicate themselves as accessories. All you have to do is walk up to a host with a limp to get one. They would also be bound to ban even legitimately handicapped people from the tables if it provided a player with an advantage. Courts are funny in Nevada, but I don't think they would go as far as to ban wheelchairs as a substitute for requiring dealers to protect their own hands. A Federal court certainly wouldn't buy it.
This is definitely speculative. How do we know there aren't wheelchair hole-carding teams? They sure as **** wouldn't tell ANYONE about it if there were. Hell, I've got a friend in a wheelchair, and I've thought about asking him to learn to hole-card. What about teams that used people who legitimately needed wheelchairs?RJT said:If they were discriminating on a regular bases against people who had legitimate reason to be using a wheelchair, then yes there would be massive outcry about this.
When they choose to arrest one person, because they believe - and rightly so - that the person does not actually require the wheelchair and is in fact using it solely to get information that is not freely available to the rest of the players at the table, you'd have a hard time getting away with anything.
I can just see all the groups for handicapped rights rushing to the aid of someone who's trivialized the people who genuinely have these debilitating illnesses by pretending without any sort of certification that they need a wheelchair just so they could look at the dealer's down card. Hell, most people believe that card counting's illegal, never mind hole carding - i'm sure public - and court - opinion will go with the cheater because he's using a chair he doesn't need. It's your classic get out of jail free card.
And again, let's raise the fact that teams of pros hole carding professionally aren't calling themselves 'The Wheels of Thunder' and there's good reason. If they thought that they could legitimately get away with it, they would be already. They aren't and that tells you how they view this play - they will already have investigated the legality of this thoroughly and come to the conclusion that it's not viable and likely to get them in far more trouble than its worth - and these are guys that are looking for reason to sue casinos.
RJT.
I do know a few hole carders to speak to.moo321 said:This is definitely speculative. How do we know there aren't wheelchair hole-carding teams? They sure as **** wouldn't tell ANYONE about it if there were. Hell, I've got a friend in a wheelchair, and I've thought about asking him to learn to hole-card. What about teams that used people who legitimately needed wheelchairs?
Holecarders have been arrested even without a wheelchair. Casinos think of it as cheating and their anger is amplified because they know it is really their own fault. If a dealer is dealing properly there is no place any patron can legally be where they will see the card, even on the other side of the pit. In Las Vegas "being arrested" and "being guilty" are not the same thing, and casinos have been known to force arrests punitively rather than in good faith.RJT said:If they were discriminating on a regular bases against people who had legitimate reason to be using a wheelchair, then yes there would be massive outcry about this.
When they choose to arrest one person, because they believe - and rightly so - that the person does not actually require the wheelchair and is in fact using it solely to get information that is not freely available to the rest of the players at the table, you'd have a hard time getting away with anything.
I can just see all the groups for handicapped rights rushing to the aid of someone who's trivialized the people who genuinely have these debilitating illnesses by pretending without any sort of certification that they need a wheelchair just so they could look at the dealer's down card. Hell, most people believe that card counting's illegal, never mind hole carding - i'm sure public - and court - opinion will go with the cheater because he's using a chair he doesn't need. It's your classic get out of jail free card.
And again, let's raise the fact that teams of pros hole carding professionally aren't calling themselves 'The Wheels of Thunder' and there's good reason. If they thought that they could legitimately get away with it, they would be already. They aren't and that tells you how they view this play - they will already have investigated the legality of this thoroughly and come to the conclusion that it's not viable and likely to get them in far more trouble than its worth - and these are guys that are looking for reason to sue casinos.
RJT.
Oh i agree completely - a strange thing for me to do with one of your posts. Hole carders have been arrested, the difference is that if they arrest me at the tables for hole carding - a legal play - the charges are not likely to stick and i have good opportunity to take the matter before a judge for wrongful detainment and arrest. If i was arrested for using a wheelchair to spot the hole card - at least when i don't have any certifiable medical condition that would warrant using the wheelie legs - there is a good chance that the 'cheating at play' charge would stick, carrying a heft sentence if i'm unlucky and that i would have no scope for a counter suit.Automatic Monkey said:Holecarders have been arrested even without a wheelchair. Casinos think of it as cheating and their anger is amplified because they know it is really their own fault. If a dealer is dealing properly there is no place any patron can legally be where they will see the card, even on the other side of the pit. In Las Vegas "being arrested" and "being guilty" are not the same thing, and casinos have been known to force arrests punitively rather than in good faith.
There are AP's who use wheelchairs. I assume they have a medical need but it's not my business to ask. One disturbing trend I've been seeing in the past few years are people using motorized wheelchairs for no reason other than they are fat and find walking tiresome. Being extremely obese is now considered a disability and an obese person can now be certified as disabled and receive the special privileges that come with this certification.
But if having a wheelchair helps you holecard, and having a disability is required to legally use a wheelchair, then all professional holecarders have an obligation to break a leg before going on a holecarding mission. I suppose becoming morbidly obese would be sort of an acceptable substitute, but it troubles me to see people calling themselves professional AP's unwilling to take these steps necessary to improve their game.